Prohibitions respecting hazardous food

3(1) A person must not remove, or permit to be removed, milk or milk products
described in section 2 (b) from the farm or dairy without the written consent of a
medical health officer, unless the milk or milk products are to be pasteurized before
distribution or use.

(2) A person must not sell, or offer for sale, pet food described in section 2
(c).

Division 2 — West Nile Virus

West Nile virus

4(1) In this Part:

"pesticide application order" means an order, made under
section
5, to apply pesticides;

"pesticide use authority" means an authorization under the
Integrated Pest Management Act for the minister, a health authority or a local government to use pesticide products for the purpose of
controlling mosquito species in areas of British Columbia where there is a risk to
human health from West Nile virus.

(2) The following are prescribed as health hazards:

(a) West Nile virus;

(b) any agent or condition that transmits, or contributes to the transmission
of, West Nile virus.

(3) The application of pesticides for the purposes of preventing or removing a
health hazard prescribed under subsection (2) is prescribed as a preventive
measure.

Pesticide application order

5(1) The provincial health officer or a medical health officer may order a local
government to apply pesticides to any area within the jurisdiction of the local
government if the provincial health officer or medical health officer is satisfied
that it is necessary to protect public health through the prevention or removal of a
health hazard prescribed in section 4 (2).

(2) A person issuing a pesticide application order must

(a) serve the order on the local government,

(b) set out in the order

(i) the time by which the local government must comply, and

(ii) any conditions of a pesticide use authority with which the local
government must comply, and

(c) provide the local government a copy of the pesticide use
authority.

(3) A person issuing a pesticide application order may authorize in the order the
application of pesticides to private property, with or without the consent of the
owner or occupant of the property.

Local government compliance

6A local government that is served with a pesticide application order
must

(a) comply with the order on or before the date set out in the order,

(b) comply with any conditions set out in the order, and

(c) provide to the person who issued the order any information or assistance
required by that person to comply with any conditions of the pesticide use
authority.

Inadequate rental accommodation

(2) A landlord must not rent a rental unit that is not connected to a water supply system unless the landlord can provide the tenant with a supply of potable water for
domestic purposes.

(3) Unless permitted under an enactment, a landlord must not rent a rental unit
that does not have

(a) at least 11 m3 of airspace for each tenant, and

(b) a window that may be opened by tenants of the rental unit.

(4) A rental unit that does not meet the requirements of this section is
prescribed as a health hazard.

Distance of wells from possible source of
contamination

8(1) A person who installs a well, or who controls a well installed on or after
July 20, 1917, must ensure that the well is located at least

(a) 30 m from any probable source of contamination,

(b) 6 m from any private dwelling, and

(c) unless contamination of the well would be impossible because of the physical
conformation, 120 m from any cemetery or dumping ground.

(2) A person who controls a well installed before July 20, 1917, must

(a) remove any source of contamination within the distances set out in subsection
(1), or

(b) subject to subsection (3), decommission the well in accordance with the Groundwater Protection Regulation.

(3)
Subsection (2) (b) does not apply to a well located within 6 m of a
private dwelling unless it can be shown that the well should be abandoned for a reason
other than proximity to a private dwelling.

(4) A well that does not meet the requirements of this section is prescribed as a
health hazard.